Wednesday, January 20, 2010

Military Coup




January 22, 2010

It has been 11 days since the "Military Coup" staged by Gov. Maliksi ousting the duly elected Mayor Joy Penano from office and installing his henchman Ver Varias. It was a historical and dark event for the small town of Alfonso, Cavite, Philippines. Since then, I have been trying to expose this political violence to wherever I can especially to the constituents of Cavite and the political leaders of the country. The abuses of power by the corrupt leaders must be stopped. I'm not sure where my efforts would lead to but this is something I just can't ignore.

For those not familiar with what really happened in Alfonso, Cavite, please read on background information below.

ALFONSO MAYORAL ELECTION DISPUTE TIMELINE:

May 10, 2007
Incumbent Mayor Joy Penano was defeated by Ver Varias by a 241 vote margin in the election.

May 25, 2007
Joy Penano officially filed his protest of election fraud.

December 17, 2007 7 months later
The lower court declared Joy Penano as the righful winner with a plurality of 142 votes.

December 17, 2008 One year later
Exactly 1 year after, COMELEC First Division affirmed the decision of the court declaring Joy Penano was the winner.

August 17, 2009 8 months later
COMELEC En Banc affirmed the decision of COMELEC First Division declaring Joy Penano as the winner.

September 23, 2009 1 month later
Joy Penano assumed the Mayoral Office after COMELEC released a "Writ of Execution" directing Ver Varias to relinquish and vacate the Office of the Mayor.
It took almost two and a half years of legal conflict to arrive here.

December 17, 2009 3 months later
Mayor Peñano received what purports to be a “status quo” order from the Supreme Court directing the Commission on Elections “to maintain the status quo in the mayoralty position in Alfonso, Cavite” and enjoining it from enforcing the COMELEC resolutions assailed in the petition.

The petition referred to is the petition filed by petitioner Varias elevating on Certiorari to the Supreme Court the resolutions of the COMELEC First Division and En Banc upholding the Cavite Regional Trial Court’s protest case decision finding Peñano the duly elected Mayor of Alfonso.

As of December 16, 2009, the date of the status quo order, the prevailing status quo in Alfonso, Cavite is: Peñano is the Mayor, having assumed said position on September 23, 2009 or three months earlier via a writ of execution issued by the COMELEC, with Varias peacefully vacating the same.

December 18, 2009
In need of clarification of the import of the status quo order and entertaining some doubts as to the order’s authenticity, Peñano filed “An Urgent Manifestation with Motion to Clarify and/or Vacate Status Quo Order”.

Varias is solely to blame for the confusion as he did not disclose that at the time he filed his Manifestation he was no longer Mayor of Alfonso, Cavite. Moreover, he likewise did not disclose that at the time, there was nothing more to be restrained or enjoined, as the COMELEC had already implemented its final and Executory Judgment Finding Peñano the duly elected Mayor.

December 20, 2009
Gov, Ayong Maliksi, together with Varias and “supporters” that are not residents of Alfonso, Cavite, went to the Alfonso Municipal hall and attempted to oust Mayor Joy Peñano claiming he had a copy of a Supreme Court Status Quo Order. Gov. Maliksi insisted that the SC resolution invoking the status quo is sufficient enough, and that the party who is authorized to implement such are Varias and Peñano. Furthermore, they insisted that the COMELEC no longer has jurisdiction over the subject matter. Gov. Maliksi even suggested a foolish scenario wherein Varias will be allowed to work within the Municipal Hall while Peñano continues his duty in the Mayors Office. The Governor failed to unseat Joy Peñano who insisted that the Governor had no legal basis to back his attempt.

January 11, 2010 Dark moment in Alfonso, Cavite
Governor Maliksi together with an army of military police stormed the municipal hall and forcefully ejected the incumbent Mayor Joy Peñano who finally stepped down after seeing his people getting hurt. Click here for video 1, here for video 2. He was in office for less than 4 mos.

Same day, Jan. 11, COMELEC released as order stating that Peñano is the INCUMBENT Mayor following their past Decision and Resolutions and advised both parties to seek clarification from the Honorable Supreme Court.
Mayor Joy Penano received this order on January 12, a day too late. Gov. Maliksi took this opportunity to accomplish his goal with complete disregard for the rule of law and order using his power to twist the military police in his favor


To be continued.....



















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